EEA PR application - when can I apply?

[Azurite]

Hi All,

I would be soon applying for EEA Permanent Residence card, but I'm slightly confused when exactly can I apply.

I am EU national and I moved to UK permanently on 6th September 2011. I started working on 12th September and I have been full time employed since then, without any gaps and all the time with the same employer. I'm not sure if that matters, but I signed the employment contract (with start date of 12.09.2011) back in August 2010. I was in UK before, full time employed for 3 months in 2010, but I think it doesn't count, as I left UK in August 2010 and came back only in September 2011.

When should I submit my EEA PR application? Would it be 6th or 12th September 2016? I know that it used to be possible to send application a month before 5th anniversary - is that still the case? If so, would it be 6th or 12th August?

I also have a question with regards to application form. Even though I've been staying with the same employer for the last (almost) 5 years, my salary changed 4 or 5 times during that time and I also got a bonus as addition to my reference salary. How should I input that information on 'employment details'? Should I just do 1 entry, showing that I have been working for the same employer all the time and then add salary and bonus information in some sort of comments form? Or should I pick numbers from P60?

Also, in terms of payslips and P60s, these are all electronic password protected eDocuments that can be printed in indefinite amount of copies. Do I need to get them stamped by HR department (or maybe someone else)? Or will they be accepted without any signature? Do I need to attach any letter from employer that would say these payslips are genuine?

Many thanks in advance.

[noajthan]

Apply 5 years after starting to exercise treaty rights in UK. Looks like mid-September 2016 based on stated facts.

I'm not aware of all that 'apply a month early' business. Five years continuous exercise of treaty rights in one or more categories of qualified person is what is required.

Suggest list your one long-running job as one job.

Having online printouts stamped or authorised by a credible authority (HR?) would probably be a good idea. After all they are all to easy to tamper with or manipulate.

[Azurite]

Thank you very much.

My friend (also EU citizen) applied a month before his 5th anniversary and he was granted EEA Permanent Residence card 3 months later, but it was last year. I haven't found anywhere any information about being able to apply before the 5 years pass, so I was quite surprised. He said he was told by immigration solicitors that filled application for him that it's possible. Hence my question as I wasn't sure whether this is something well known, pure luck or maybe something has changed.

[noajthan]

Thank you very much.

My friend (also EU citizen) applied a month before his 5th anniversary and he was granted EEA Permanent Residence card 3 months later, but it was last year. I haven't found anywhere any information about being able to apply before the 5 years pass, so I was quite surprised. He said he was told by immigration solicitors that filled application for him that it's possible. Hence my question as I wasn't sure whether this is something well known, pure luck or maybe something has changed.

Not sure how HO handles this.
If, shock horror, HO had processed the appiication within a week of receiving it then, if caseworker was strict, he could have been refused due to not meeting the 5 year requirement.
Who can tell if common sense always prevails.

[Azurite]

I'm just about to send my application and I'm struggling with one of the questions regarding section 1.22 where they ask about Home Office reference numbers. I have been working in UK for 3 months back in 2010 and I was issued WRS certificate, but then I left UK and came back in September 2011 and that's when my qualifying period starts. Should I provide Home Office reference from my WRS certificate and send WRS certificate along with the application, even though it has not been issued during my qualifying period?

Many thanks in advance!

[salmintin]

If you are applying on the basis of exercising treaty rights between 12/09/2011 - 12/09/2016 (which was 4 days ago), make sure you have evidence dated on or after 12/09/2016.

For example if your latest payslip is from, for example, 30/08/2016, if I were you I would wait until I get the payslip on 30/09/2016. I hope it makes sense.

If your evidence covers everything until, for example, late August 2016, they will probably refuse you. There is no reason to rush if you don't have very solid evidence. If you do, go ahead and good luck

[noajthan]

I'm just about to send my application and I'm struggling with one of the questions regarding section 1.22 where they ask about Home Office reference numbers. I have been working in UK for 3 months back in 2010 and I was issued WRS certificate, but then I left UK and came back in September 2011 and that's when my qualifying period starts. Should I provide Home Office reference from my WRS certificate and send WRS certificate along with the application, even though it has not been issued during my qualifying period?

Many thanks in advance!

A WRS certificate # is not a HO reference #

[Azurite]

Thank you very much for your advice, I actually wanted to send my application ASAP but I haven't thought about payslips issued after 12th September - I will wait couple more days just to be on the safe side. I have some documents issued in September (bills), but nothing work-related.

So what exactly is the HO reference in section 1.22, please? It says 'Include any registration certificate or residence permit numbers'.

How about Section 9, Part B 'Accession state workers'? Should I include my WRS certificate issued in 2010 when I was working in UK for couple months? It's not part of the relevant qualifying period.

[noajthan]

Ref # is from any previous RC.

Yes include WRS details - caseworker decides qualifying period based on info and evidence, not you;
you may get it wrong.

[Azurite]

Let me just add a bit more details to double check on that WRS certificate.

My WRS certificate has been issued for 3 months when I was working in UK, June-August 2010. I then left UK and came back in September 2011 and have been working and living here since then. 2010 is definitely not part of qualifying period, as it was followed by a year absence from UK. But you advise I should still attach it, please?

If I attach WRS from 2010, should I also add payslips for these 3 months?

Many thanks in advance.

[noajthan]

Let me just add a bit more details to double check on that WRS certificate.

My WRS certificate has been issued for 3 months when I was working in UK, June-August 2010. I then left UK and came back in September 2011 and have been working and living here since then. 2010 is definitely not part of qualifying period, as it was followed by a year absence from UK. But you advise I should still attach it, please?

If I attach WRS from 2010, should I also add payslips for these 3 months?

Many thanks in advance.

I've lost track of all details of your case but up to one year absence for a one off exceptional reason is permissible;
so in some parallel universe it would be possible to maintain continuity of residence despite respite from English climate for even one year.

If you have relevant evidence attach it. Caseworker will decide the case. If its not relevant she will ignore it.

[Azurite]

Okay

My 3 month work in UK in 2010 (June-August) was the first time I came to UK for work purposes - I haven't been to UK before, apart from holidays or short weekends. And it was an internship, during holidays in the middle of my studies overseas. Then I came back in September 2011. Therefore I thought a year gap after that and then continuous 5 years of residence mean that 2010 episode does not count. Doesn't hurt to include WRS certificate from 2010 (or even payslips), I just wanted to minimize the amount of important documents that I send as these are all originals.

Btw, is there any rule on how many bills/letters I should attach per given year?

[noajthan]

Okay

My 3 month work in UK in 2010 (June-August) was the first time I came to UK for work purposes - I haven't been to UK before, apart from holidays or short weekends. And it was an internship, during holidays in the middle of my studies overseas. Then I came back in September 2011. Therefore I thought a year gap after that and then continuous 5 years of residence mean that 2010 episode does not count. Doesn't hurt to include WRS certificate from 2010 (or even payslips), I just wanted to minimize the amount of important documents that I send as these are all originals.

Btw, is there any rule on how many bills/letters I should attach per given year?

If you include less supporting evidence for WRS period then easier for caseworker to disregard the period.
WRS had ended by Sept so no need to worry about WRS any more.

You can see how caseworker will assess and weigh your case here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- there's no hard and fast rule for # of items; evidence just needs to be good to back your case.